Search for:
Category

European Union

Category

On 17 September 2024, the European Public Prosecutor’s Office (EPPO), an EU body that prosecutes among others financial crimes that affect the EU budget, announced that it is seeking criminal penalties from two companies and five of their directors of more than 8 years imprisonment along with a fine of over EUR 25 million. Over 30 properties linked to the defendants were seized to ensure that the defendants can meet their financial liabilities.

On 28 June 2024, the European Ecodesign Regulation (2024/1781/EU) (“Ecodesign Regulation”) was published in the Official Journal of the European Union and entered into force on 18 July 2024. This Regulation means a radical change in the manufacturing method of a wide variety of products and directly affects the supply chain of all those companies that intend to introduce products into the European Union. Its fundamental aim is to make products more sustainable by introducing a series of requirements and prohibitions that will be adapted to each product group by means of delegated acts of the European Commission.

The EU Corporate Sustainability Due Diligence Directive exempts financial institutions from due diligence to identify, mitigate and remedy potential adverse impacts, whether human rights or environmental, in their downstream “chain of activities”. In practice, however, it will be hard to escape entirely, not least as the sector will still need to adopt and implement transition plans.

The European Parliament has adopted the new AML/CFT legislative package, which aims to comprehensively strengthen the EU rules to fight money laundering and terrorist financing, including the establishing of a new EU authority to supervise directly the riskiest entities, an EU limit on large cash payments up to EUR 10,000, and more detailed, directly applicable rules regarding customer due diligence and beneficial ownership.

On 14 May 2024, the European Securities and Markets Authority (ESMA) published guidelines on fund names using environmental, social and governance (ESG) or sustainability-related terms. The main purpose of these guidelines is to enhance investor protection with regard to funds named in ways suggesting an investment focus in companies that meet certain sustainability standards. Against this backdrop and after the public consultation launched on 18 November 2022, ESMA clarifies what investors may expect in terms of policies, practices and characteristics of funds consistent with sustainability standards, as also the circumstances where a fund name with ESG or sustainability-related terms is indicative of unfair, unclear or misleading practices.

The European Commission launched the European (EU) Green Deal in 2019. The EU Green Deal is a package of policy initiatives, one of which is a commitment to tackle false environmental claims by requiring that consumers receive reliable, comparable, and verifiable information to enable them to make more sustainable decisions and reduce the risk of greenwashing.

In a major shakeup to businesses’ obligations relating to human rights, environmental standards and climate change, the Corporate Sustainability Due Diligence Directive (CS3D) is set to become law. In this article, we focus on the climate-related obligations enshrined in the CS3D: the obligation imposed on companies to adopt and put into effect climate transition plans.